EveryBody's Guide to the Law

Civil Rights and Liberties
TWENTY
tHE UNITED STATES CONSTITUTION gives us many fundamental and inalienable
rights: among them, the right to practice the religion of our choosing; the freedoms
of speech and peaceable assembly; the right to be free from discrimination; the right to travel
freely; and the right to protect our writings, creations, and inventions. This chapter is concerned
not only with what these rights are, but also with when and how far the government
can restrict them. (Constitutional rights related to criminal proceedings—the right against
self-incrimination, for example, or the right to be free from unwarranted searches and
seizures—are discussed in chapter 23.)
One thing to keep in mind throughout this chapter is that few of our constitutional rights
are absolute. As the examples in this chapter will demonstrate, it essentially boils down to balancing
the competing interests of the individual’s rights against the government’s rights. The
government can limit your constitutional rights only when the public interest is so strong and
compelling that it is justified in doing so.
The last section of this chapter concerns your right to sue the government for damages
when you are injured by a government employee or by a dangerous condition on government
land. Although most people would not consider this a civil right or liberty in the strictest
sense (and indeed nothing in the Constitution gives you the right to sue the government), on
the other hand, what could be a more fundamental right than holding the government liable
for the injuries it causes you? The Constitution requires the government to compensate you
fairly when it takes your property (see chapter 6). Nothing less should be required of the government
when it takes, say, your arm or your life.
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